사해행위취소
1. A donation contract concluded on May 4, 2013 with the Defendant on May 4, 2013 with respect to the share of 1/2 of the real estate stated in the attached Form B between the Defendant and B.
1. Basic facts
A. The Plaintiff loaned KRW 118,00,000 to B for four occasions as follows.
B. However, B partially repaid each of the above loans, and as of November 13, 2013, B’s debt details against the Plaintiff are KRW 119,883,276 as follows.
C. B owned 1/2 shares (hereinafter “instant co-ownership shares”) among the real estate listed in the separate sheet (hereinafter “instant real estate”). On May 4, 2013, B entered into a contract with the Defendant, who is the spouse and the right holder of the instant real estate, to donate the instant co-ownership shares to the Defendant (hereinafter “instant donation contract”), and completed the registration of transfer of co-ownership shares in the Defendant’s name on May 7, 2013.
At the time of the donation contract of this case, the market price of the co-ownership of this case was approximately KRW 117,00,000,000, and B was merely holding KRW 14,829,560 of the deposit claim against the co-ownership of this case and the Nonghyup Bank.
On the other hand, at the time of the donation contract of this case, B bears 81,787,00 won as to the obligation to the national bank in addition to the obligation to the Plaintiff, and 12,525,812 won as to the new card, and 12,00,000 won as to the obligation to C.
E. Before the instant donation contract was concluded, the instant real estate was established with the right to collateral security (hereinafter “instant right to collateral security”) consisting of a national bank, debtor B, and maximum debt amount of 164,400,000,000, which was the subject of the instant right to collateral security (hereinafter “the instant right to collateral security”), but the Defendant repaid KRW 81,787,00,000, which was the full debt of the instant right to collateral security (hereinafter “the instant right to collateral”). On July 1, 20
F. As of December 18, 2014, the market price of the instant co-ownership is KRW 132,50,000, and the Plaintiff’s claim amount as of March 10, 2015 is KRW 137,910,723.
[Grounds for recognition] Each statement of Gap evidence 1 to 12 (including each number), the Security Administration, the Military Port, and the Ministry of Land, Infrastructure and Transport of this Court's fact-finding results, and the National Bank of this Court.